LOREDO v. DRIVE FINANCIAL et al Doc.

5
Case 3:07-cv-05673-MLC-TJB Document 5 Filed 12/07/2007 Page 1 of 1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
:
DANIEL LOREDO, : CIVIL ACTION NO. 07-5673 (MLC)
:
Plaintiff, : MEMORANDUM OPINION
:
v. :
:
DRIVE FINANCIAL, et al., :
:
Defendants. :
:

THE COURT having ordered the removing party — the defendant

Drive Financial (“DFN”) — to show cause why the action should not

be remanded to state court (1) for lack of jurisdiction under 28

U.S.C. § (“Section”) 1331 and the Magnuson-Moss Warranty

Improvement Act (“MMWIA”), 15 U.S.C. §§ 2301-2312, and (2) as

being removed in a defective manner under Sections 1446 and 1447

(dkt. entry no. 2); and DFN in response (1) “withdraw[ing] its

Notice of Removal”, and (2) advising the Court that “[c]ounsel

for Plaintiff and [DFN] have conferred and consent and agree to

the remand of this matter to [state court]” (dkt. entry no. 4,

12-5-07 DFN Counsel Letter); and the Court determining that the

order to show cause should be resolved before the return date;

and thus the Court intending to (1) grant the order to show cause,

and (2) remand the action to state court; and for good cause

appearing, the Court will issue an appropriate order and judgment.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge

Dated: December 6, 2007

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